§ 9.2.9 A-3 AGRICULTURAL/RESIDENTIAL ZONE (1 residential unit/three acres)

(1) This Section is adopted to further the land use goals of the Village of Los Ranchos as set forth in the 2010 Master Plan including, but not limited to, promoting economic development, preserving the agricultural character of the Village, preserving the scenic views of the Village and protecting and promoting commercial development on Fourth Street.

(2) This Section shall govern and control the allocation, transfer and use of transferable development rights within the Village of Los Ranchos.

(3) This Section authorizes the Village of Los Ranchos to create a TDR bank, where development rights may be purchased and conveyed by the local government, in order to stabilize the market in development rights and to regulate or control the development of property the local government wishes to protect. The Village may create its own TDR bank or may cooperate with a private entity in establishing such a TDR bank.

(4) Definitions:

(a) Developed means a lot with at least one existing dwelling unit or commercial structure.

(b) Development Rights means the right of the owner of a parcel of land, under land development regulations, to place that parcel and the structures thereon to a particular use or to develop that land and the structures thereon to a particular area, density, bulk or height.

(d) Minimum Sending Lot Sizes means the smallest lot size that qualifies as a sending site for TDRs. The minimum size refers to the area of the entire lot, not just a lot portion located within one of two or more sending site categories.

(e) Net Sending Area means the land area of a lot or lot portion after the following area deductions: (1) the area of land precluded from development by dedications and deed restrictions imposed prior to TDR deed restrictions, (2) for each existing dwelling unit, the net sending area shall be reduced by the minimum lot size allowed in the underlying zoning district.

(f) Receiving Area is an area designated by this Section as appropriate for development beyond its base development limits through the transfer of development rights from sending areas.

(g) Sending Area means an area designated by this Section as a sending area appropriate for the conveyance of transferable development rights from the area.

(h) Transferable Development Rights (“TDRs”) means the potential development that may be transferred from a sending area as designated by this Section and used at a designated receiving site to allow additional residential or non-residential development as determined by this Section. TDR allocations and requirements are expressed in whole numbers, rounding up if .5 or higher.

(i) Transfer Development Right Threshold (“TDR Threshold”) is the existing underlying zoning in the Village.

(j) Transfer of Development Rights means the procedure described in this Section whereby the owner of a parcel in the sending district may convey development right to the owner of a parcel in the receiving district. The development rights conveyed are extinguished on the sending parcel and may be exercised on the receiving parcel in addition to the development rights already existing on that parcel. However, the receiving parcel is entitled to use the transferred development rights only after the instrument conveying those rights have been recorded with the Clerk of Bernalillo County, New Mexico.

(k) Receiving Parcel means a parcel of land in the receiving area that is the subject of a transfer of development rights, where the owner of the parcel is receiving development rights from a sending parcel, and on which increased density and/or intensity is allowed by reason of the transfer of development rights.

(l) Undeveloped means a lot with no existing dwelling units or commercial structures.

(m) Village means the Village of Los Ranchos de Albuquerque.

(B) ADOPTION OF SENDING AREA AND RECEIVING AREA MAP. The residential sending area and commercial receiving area map is attached to this Section. The sending areas and receiving areas shown on that map are hereby created, established and adopted.

(C) SENDING AREAS. Owners of land within any sending area are not required to transfer TDRs. The transfer of TDRs is an option that owners may voluntarily choose to use or not use.

(1) A-1 Zone

(a) Minimum Sending Lot Size:

1. Undeveloped: No minimum lot size

2. Developed: 2 acres

(2) A-2 Zone

(a) Minimum Sending Lot Size:

1. Undeveloped: No minimum lot size

2. Developed: 2 acres

(3) A-3 Zone

(a) Minimum Sending Lot Size:

1. Undeveloped: No minimum lot size

2. Developed: 3 acres

(D) RECEIVING AREAS.

(1) Receiving Area 1: C-1 Zone

(a) The Comprehensive Zoning Code designates a threshold density in this zone. No TDRs are required to achieve the threshold density. To exceed the threshold density, one TDR must be transferred to this area for each additional three (3) dwelling units permitted in excess of the TDR threshold or baseline density.

(2) Receiving Area 2: Village Center Zone

(a) The Village Center Zone designates a threshold density in this zone. No TDRs are required to achieve the threshold density. To exceed the threshold density, one TDR must be transferred to this area for each additional ten (10) dwelling units permitted in excess of the TDR threshold.

(E) SENDING AREA PROCEDURES.

(1) Sending Area Owner Options. In conjunction with the deed restrictions of an undeveloped sending site, a property owner may request to convey title to that land to the Village or to other entities authorized by the Village to accept title including private land trusts and non-profit organizations. The TDR Manager shall determine whether or not to accept title based on guidelines approved by the Village Board of Trustees. In developing these guidelines, the Village may elect to only allow the conveyance of title to a land trust, non-profit organization or other entity rather than the Village. Any landowners requesting to convey title shall demonstrate that the subject site meets environmental standards set forth in those guidelines.

(2) Sending Site Owner Applies for TDR Easement Approval and Recordation. Property owners who wish to transfer TDRs shall apply for approval and recordation of a TDR Easement by submitting to the TDR Manager an application, application fee, title report and signed but unrecorded TDR Easement using forms approved by Village. The TDR Easement shall specify the amount of future development to be retained, if any, and the uses allowed on the sending site following recordation. The TDR easement shall state that the grantee of the easement is the Village and/or a land trust or non-profit organization authorized by the Village. In all circumstances, the sending area site may be used for agricultural purposes, both commercial and noncommercial but no structures may be erected.

(3) TDR Manager Approves the Application and Records the TDR Easement. The TDR Manager shall review the application, title report and unrecorded TDR Easement. If satisfied that the information is complete, the TDR Manager shall approve the TDR Easement. The easement shall include the number of TDRs available for transfer and the serial numbers assigned to these TDRs. The TDR Manager shall record the completed and approved TDR Easement. The TDR Easement shall be recorded before recordation of a Deed of Transfer of Development Rights and before final development plan approval of the receiving site development that requires these TDRs.

(4) Deed of Transfer of Development Rights. In order to transfer TDRs, the sending site owner shall complete and record a Deed of Transfer of Development Rights using a form approved by the Village. This Deed shall not be recorded prior to recordation of the corresponding TDR Easement. The Deed shall identify the TDR Easement that created the TDRs, the number of rights conveyed by the Deed, the property to which these TDRs were originally attached and prior Deeds of Transfer of Development Rights, if any. A new Deed of Transfer of Development Rights shall be recorded each time TDRs are conveyed. TDRs may be conveyed to brokers, developers, investors or any other party before they are ultimately used at a TDR receiving site. A TDR right shall not be conveyed to the receiving property until after the recorded Deed of Transfer of Development Rights has been received by the Village.

(F) RECEIVING AREA PROCEDURES.

(1) Receiving Area Designation. This Section designates TDR receiving areas and states the number of TDRs needed to exceed the TDR threshold. Other than the requirement to obtain TDRs to exceed this threshold, all other requirements and procedures of the Comprehensive Zoning Code shall control.

(2) Timing of TDR Acquisition. Landowners wishing to exceed threshold density must acquire TDRs to receive preliminary development plan approval.

(3) Sending Area Development Rights Extinguishment Procedures. Prior to final development plan approval of a receiving site project requiring TDRs, the developer of that project shall provide to the TDR Manager a signed, written confirmation that the development rights on the sending area property have been extinguished. This document shall indicate the number of TDRs being used, the recorded Deed of Transfer of the TDRs, and the receiving site project where these TDRs will be used. The document shall also state that the subject TDRs cannot be thereafter conveyed or used. If satisfied that all the information outlined above has been submitted and is complete, the TDR Manager shall record the confirmation document and notify the Village Planning and Zoning Department that the TDR requirements needed for final development plan approval of the receiving site project have been met.

(4) Deed Restrictions Requirements. Along with the confirmation document, a recorded deed that indicates the restrictions to the deed after the TDR transfer shall be submitted.

(G) REJECTION. The bases for rejecting a proposed development transfer are:

(1) The development rights released by the instrument vary significantly from the development rights that the sending parcel is supposed to be releasing pursuant to the transfer of development rights, or there is some other significant error in the instrument;

(2) The proposed receiving parcel is not in the receiving district; or

(3) The transfer would increase the density or intensity of development on the receiving parcel to a degree that is inconsistent with the Master Plan or is incompatible with the land uses on neighboring lots or parcels.

(H) CONVEYANCE OF RIGHTS. Any instrument purporting to convey a conservation easement or development right is void unless the Village of Los Ranchos has indicated its approval on the instrument of conveyance.

(I) AUTHORITY. The Village of Los Ranchos is authorized to enter into an agreement with a private, non-profit entity to effectuate the transfer of development rights. The non-profit entity may constitute the TDR bank and may purchase TDRs and hold such TDRs until a buyer is found for the development right. Rules and procedures that govern the relationship between such an entity and the Village of Los Ranchos shall be developed with the entity acting as the TDR bank at such time as such an entity is formed or an existing entity agrees to act as a TDR bank. The public purpose of such a private entity is to retire development rights regardless of whether a present market exists for receiving such development rights.

§ 9.2.7 A-1 AGRICULTURAL/RESIDENTIAL ZONE (1 residential unit/one acre)

(A) PURPOSE AND INTENT. The purpose of this section is to preserve the residential/agricultural character of the area and accompanying open spaces while allowing low density residential development permitted in this zone at one (1) dwelling unit per one acre in conformance with the Master Plan.

(B) PERMISSIVE USES. A building or premise shall be used only for the following purposes:

(1) One (1) dwelling (site built or modular) unit per lot of record.

(2) Display and sale of agricultural products, including animals raised on the premises and products incidental to the sales activity, but not including the sale or distribution of cannabis or cannabis products.

(3) Accessory building, structure, or use customarily incidental to and on the same lot with a permitted use, including garages, barns, corrals, and animal pens.

(4) Agricultural activities, including, but not limited to the raising, harvesting, and storage of fruits, vegetables, grain, hay and feed, poultry, rabbits, and the keeping and raising of livestock, riding stables and academies. All animal activities shall be conducted in accordance with § 7.2.1 et seq., Animal Control. If the agricultural activity requires a state license requiring proof of water availability, a copy of that evidence must be submitted to the Village of Los Ranchos. The cultivation, intentional growth, manufacture, and distribution of cannabis and cannabis products except for homegrown or homemade cannabis, are prohibited.

(5) Parking incidental to uses permitted in this zone.

(6) Permitted Home Occupations.

(7) Bed and Breakfast Establishments.

(8) Public parks and accessory uses customarily incidental to that use.

(9) Outdoor storage of materials incidental to agricultural uses is permitted as long as it is orderly and not a threat to health, safety and welfare up to one thousand (1,000) square feet in area per acre.

(10) Storage of two (2) inoperable motor vehicles provided they are completely screened by a solid fence from the public right-of-way and/or adjacent properties. Agricultural vehicles are excluded from this regulation.

(11) Garage sales, estate sales, home distributor parties, trunk shows or other similar activities provided the activity does not run for more than three (3) consecutive days and is conducted a maximum of four times a year.

(12) In-Home Care Permit.

(a) An In-Home Care Permit may be issued by the Village upon application therefore by the Homeowner, accompanied by a statement from a Licensed Medical Doctor who is the primary treating physician of the person needing In-Home Care outlining the circumstances surrounding the need for In-Home Care and that an In-Home Care Giver is necessary for the well being of the resident.

(b) If an Ancillary Kitchen for In-Home Care is requested, the application shall describe the kitchen facilities and appliances to be added and shall designate the area in which the Ancillary Kitchen will be placed for the convenience of the In-Home Care Giver, including a site plan and floor plan drawn to scale.

(d) Upon receipt of the application for an In-Home Care Permit, the Director of Planning and Zoning shall review the application, make an on-site visit to the residence and determine if the permit should or should not be issued. If the Director determines the In-Home Care Permit is justified and if an Ancillary Kitchen is reasonably required for the In-Home Care Giver, if requested, findings shall be made to support such conclusions. If the In-Home Care Permit is denied, the Director shall state the reasons for denial. If the In-Home Care Permit is granted, the Director may also make additional requirements and/or conditions so as to assure that the additional kitchen facilities and the location thereof do not create an area conducive for rental to third parties after termination of the In-Home Care Permit.

(e) All modifications to the building shall comply with applicable Building Codes. Applicable building permits must be obtained from the Village and Bernalillo County.

(f) On an annual basis, an affidavit of continuing need shall be submitted to the Village and verified by the Village. The Director may investigate the need for continuation of the In-Home Care Permit at any time.

(g) Only one Ancillary Kitchen for In-Home Care is allowed for each Dwelling, Single Family and shall not be issued for a guest house.

(h) The application fee for an In-Home Care Permit is $100.00.

(i) An In-Home Care Permit is required only when the In-Home Care Giver is going to reside in the dwelling.

(C) CONDITIONAL USES. The following uses may be allowed when approval has been obtained as set forth in § 9.2.25(D)(2), § 9.2.25(E)(2):

(1) Childcare facilities provided the facility abides by the Village and State regulations, and traffic, noise and hours of operation are mitigated.

(2) Public utility structures such as a transformer, switching, pumping, or similar technical installation essential to the operation of a public utility.

(3) Place of worship, excluding a Megachurch.

(4) Mobile home used as a dwelling during the construction of a dwelling on the same premises, provided such use shall be limited to a maximum period of one (1) year; or as approved by the Planning and Zoning Commission per § 9.2.25(E)(2); a one thousand dollar ($1,000.00) bond must be posted to ensure compliance with the conditions of the use. The one year period shall commence on the date that conditional use approval is granted or the date the use actually began, if earlier, or as approved by the Planning and Zoning Commission.

(5) Guest house or additional dwelling.

(a) The guest house is limited to one thousand (1,000) square feet of heated floor area with facilities for cooking (not necessarily a full kitchen (microwave, coffee pot, etc.), sleeping and sanitation

(b) Guest houses may not have a garage.

(c) Occupants shall not be charged rent unless an explicit conditional use allowing rental has been approved by the Commission or rent is for only short-term rental as all or part of a permitted Bed and Breakfast Establishment.

(d) Guest houses shall not have a separate address.

(e) Upon lots with at least twice the minimum lot area, one (1) dwelling per minimum lot area, but limited to a maximum of three (3) dwellings per lot. One (1) dwelling shall be the principal single family dwelling and any additional dwelling shall be for use as a guest and/or caretaker’s house limited to one thousand (1,000) square feet of heated floor area with facilities for cooking (not necessarily a full kitchen i.e. microwave, coffee pot, etc.), sleeping and sanitation and providing the structures have access to public water and sewer or obtains a wastewater permit from the NMED stating the maximum flow rate on the lot.

1. Upon lots with a lot area less than twice the minimum lot area, one guest house may be approved providing it has access to public water and sewer or obtains a wastewater permit from the NMED stating the maximum flow rate on the lot.

2. The additional dwelling(s) shall meet the current building and zoning code requirements of the Village.

(6) Government buildings and accessory uses customarily incidental to that use. Government buildings and surroundings shall be constructed in southwestern or compatible architectural style as determined by the Planning Director.

(7) Outdoor recreational facilities accessory to public or private schools.

(8) Public or private schools, educational facilities or learning centers.

(D) ACCESSORY USES. Uses customary and incidental to primary use of the lot, that is in conformance with the zone.

(E) AREA REGULATIONS. These regulations apply to all A-1 zoned properties in the Village.

(1) The minimum lot area shall be one (1) acre (43,560 square feet). The minimum lot width shall be seventy-five (75) feet.

(2) Setback limits apply to all buildings and structures, including swimming pools.

(a) Except as provided in § 9.2.7(E)(3), (G)(4)(a) and (H) of this Section, the setbacks from the property line to the nearest structure shall be as follows:

1. Front setback shall be: twenty-five (25) feet.

2. Side setback shall be: fifteen (15) feet.

3. Rear setback shall be: twenty-five (25) feet.

4. For any property line bounded by an irrigation ditch or drain, the setback shall be twenty-five (25) feet.

(3) Preservations of Open Space and Vistas.

(a) For all properties which border on Rio Grande Boulevard, as described in South Rio Grande Area A Illustration § 9.2.7(E)(3)(a), roughly bounded on the west side of Rio Grande Blvd.,, to the south by the north boundaries of Tinnin Farms, and Rob Lee Meadows subdivisions to the south;, and west side of Rio Grande Boulevard, to the west by the Village of Los Ranchos de Albuquerque municipal boundary [at the Atrisco Feeder Canal] to the west;, and to the north by the southern boundary of the Guadalupe Woods subdivision to the north;, and on the west east side of Rio Grande Boulevard, to the north by Chamisal Road; to the east by the Pueblo Lateral; and to the south by Green Valley Road, and for the South Rio Grande Area B Illustration § 9.3.7(E)(3)(a), roughly bounded on the west side of Rio Grande Blvd., to the south by Montano Road; to the west by the Village of Los Ranchos de Albuquerque municipal boundary [at the Atrisco Feeder Canal]; to the north by the southern boundaries of Tinnin Farms, and Rob Lee Meadows subdivisions, and on the east side of Rio Grande Blvd. to the north by the Gallegos Lateral; to the east by the Griegos Drain; and to the south by Montano Road, a setback of two hundred eighty (280) feet from the centerline of Rio Grande Boulevard is established. (See Map A & B).

(b) For properties in the North Rio Grande Character Area, the setback shall be equal to a straight line connecting the fronts of the nearest dwelling on each side facing the same street when that straight line falls within a corridor of minimum eighty (80) feet from the center of Rio Grande Blvd to one half (.5) the distance of the depth of the lot. (See Illustration § 9.2.7(E)(3)(b)). (c) If the straight line connecting the fronts of the nearest dwelling on each side facing the same street falls in front of or crosses the eighty (80) foot minimum setback, then the setback shall be eighty feet from the middle of Rio Grande Blvd.

(d) If the straight line connecting the fronts of the nearest dwelling on each side facing the same street crosses or falls behind one half (.5) the distance of the depth of the lot, then the one half (.5) distance of the depth of the lot shall be the setback.

(e) Existing development is non-conforming and exempt from the setback, however redevelopment is not exempt, nor can new structures be added in the setback area of non-conforming lots.

(f) To preserve development rights, all properties affected by this setback shall be allowed to developed to the maximum overall density (FAR) that would have otherwise been allowed on the property, however, all development must take place behind the setback.

(g) When necessary to allow development in a conventional residential configuration, the rear setback may be reduced to fifteen (15) feet, side setbacks may be reduced to ten (10) feet, without requiring the Variance process, with Planning Director approval on a case by case basis.

(4) Where lots have double frontage, the required front setback shall be provided on both sides, except those houses facing Rio Grande Blvd. subject to the North Rio Grande Character Area and South Rio Grande Character Areas A & B.

(5) For very narrow (less than sixty (60) feet wide) tripa, unusually small, and/or unusual shaped lots, one side yard setback may be reduced to less than ten (10) feet providing building height meets the conditions of this Section.

(6) For legally non-conforming lots fifty percent (50%) or smaller than the minimum lot area, setbacks may be reduced to conform to the setbacks of the R-2 zone. These reductions may be approved by the Planning Director on a case-by-case basis without requiring the Variance process, provided the reductions are in conformity with the goals and policies of the Master plan and are not contrary to the public interest.

(7) Permeable surfaces shall be a minimum of sixty percent (60%) of lot area.

(F) FLOOR AREA RATIO. The floor area ratio of structures shall be determined by the allowable floor area listed in the adopted 20% All Village FAR TABLE for net lot area.

(1) FLOOR AREA RATIO APPLICATION IN SUBDIVISIONS WITH SUBSTANDARD LOT AREA. In consideration of those previously approved subdivisions that were approved with SU-1 Zoning or Special Use Permit and less than one/third acre (.333) lot size, (those being Nico Trail, Rincones de Los Ranchos and Los Prados de Guadalupe), the Planning Director shall consider applications for building permits limiting the size of the dwelling to that which is reasonably consistent with other houses in the development, considering such factors as total lot coverage and average square footage of previously developed lots without applying the floor area ratio. All other code requirements such as height, step-back, setbacks, etc. must be met.

(G) HEIGHT REGULATIONS. The height of buildings shall be limited to twenty-six (26) feet from existing grade (the existing surface of the ground), to the top of the pitch, top of the parapet or top of the mansard roofline.

(1) Single Story Buildings shall not exceed seventeen (17) feet in height. The first floor building height shall be measured at seventeen (17) feet from the existing grade.

(a) If the single story height exceeds seventeen (17) feet, that portion of the building shall be considered a second floor and shall be counted as square footage for Floor Area Ratio purposes. Second floors shall be regulated by the second floor percentages and limitations of § 9.2.7(G)(2)(a).

(b) Detached garages, including those for recreational vehicles, shall not be more than seventeen (17) feet in height.

(2) Two Story Buildings shall not exceed twenty-six (26) feet in height measured from the existing grade, to the top of the pitch, top of the parapet, or top of the mansard roof line.

(a) Second floor areas, including all covered patios, porches, portals, balconies, and other open and accessible living areas, shall be limited to a total of sixty percent (60%) of the first floor enclosed square footage, as defined by § 9.2.3((B) Enclosed Area.

(3) Height of Facades. No single façade wall length shall be greater than fifteen percent (15%) of the calculated perimeter of façade walls of the first floor, and exceed seventeen (17) feet in height. Any portion of a façade wall exceeding the fifteen percent (15%) perimeter length shall be limited to seventeen (17) feet in height or shall be stepped back by four (4) feet or equal to a forty-five degree (45°) plane drawn from a perpendicular point on the adjacent property line. See illustration § 9.2.7(G)(3).

(4) Solar Access. Building Height Limitations to Preserve Solar Access: For any new construction in the A-1 Zone submitted after May 14, 2007, the height of any building shall not exceed a thirty-one degree (31°) angle plane drawn upward from a horizontal line located two (2) feet above the existing grade, ten (10) feet within the northern property line (See illustration § 9.2.7(G)(4)(a)).

(5) The maximum height limit is twenty-six (26) feet for buildings and structures with the exception for the following structures and uses, which shall have a maximum height per the following:

(a) Chimneys shall not exceed twenty-nine (29) feet in height.

(b) Flag poles shall not exceed forty (40) feet in height.

(c) Non-commercial radio towers regulated by the Federal Communications Commission shall not exceed forty (40) feet in height.

(d) Windmills (both wind generators and water) shall not exceed forty (40) feet in height.

(H) FENCES AND WALLS.

(1) No open fence located in the setback areas shall exceed six (6) feet in height.

(2) No solid wall or fence located within the rear or side setback area shall exceed six (6) feet in height.

(3) No solid wall or fence located within the front setback area shall be more than four (4) feet in height. Open fencing may be placed upon the four foot solid wall to a maximum height of six (6) feet.

(4) No solid wall or fence shall be located within the clear sight triangle of a driveway and a public or private right-of-way.

(5) No solid wall or fence located within the side or rear setback area and along a public or private right-of-way shall be more than six (6) feet in height.

(6) No wall or fence shall be constructed unless a building permit has been approved by the Village.

(7) Concertina (razor wire) wire is prohibited.

(8) Gate entrance pillars may reach a maximum height of eight (8) feet and must observe the clear sight triangle distance from the street and shall not exceed more than two (2) feet width on either side of the gate itself.

(I) SUBDIVISION. No land containing existing structures shall be subdivided into an area less than the allowable lot size for the Floor Area Ratio of the existing structures on the land.

(J) EXISTING BUILDING. If an existing structure(s) is to be demolished, upon completion of a new dwelling on the same lot, the demolition must take place within one (1) year.

(K) DARK SKIES REGULATIONS. As set forth in § 9.2.20 Dark Skies.

Illustration South Rio Grand Area A ss 9.2.7(C)(3)(a)

Illustration South Rio Grande Area B ss 9.2.7(C)(3)(a)

Illustration § 9.2.7(G)(3)

Illustration § 9.2.7(G)(4)(a)

Floor Area Ratio Table

§ 9.2.8 A-2 AGRICULTURAL/RESIDENTIAL ZONE (1 residential unit/two acres)

(B) PERMISSIVE USES. A building or premises shall be used only for the following purposes:

(1) Any permissive use as allowed and regulated in § 9.2.7 A-1 Zone.

(C) CONDITIONAL USES. The following uses shall be allowed when permission has been obtained as set forth in § 9.2.25, Application and Approval Process:

(1) Any Conditional Use as allowed and regulated in § 9.2.7 A-1 Zone.

(D) ACCESSORY USES. Uses customary and incidental to the primary use of the lot, in conformance with the zone.

(E) AREA REGULATIONS.

(1) The minimum lot area shall be two (2) acres (87,120 square feet) and minimum lot width shall be one hundred fifty (150) feet.

(2) Setbacks. Setback limits apply to all buildings and/or structures including swimming pools.

(a) Except as provided elsewhere in § 9.2.8, the minimum front setback shall be twenty-five (25) feet, the minimum side setback shall be fifteen (15) feet, and the minimum rear setback shall be twenty-five (25) feet. For any property bounded by an irrigation ditch or drain, the minimum setback along the ditch or drain shall be twenty-five (25) feet.

(3) Preservations of Open Space and Vistas.

(a) For all properties which border on Rio Grande Boulevard, as described in South Rio Grande Area A Illustration § 9.2.7(E)(3)(a), roughly bounded on the west side of Rio Grande Blvd., to the south by the north boundaries of Tinnin Farms, and Rob Lee Meadows subdivisions; to the west by the Village of Los Ranchos de Albuquerque municipal boundary [at the Atrisco Feeder Canal]; and to the north by the southern boundary of the Guadalupe Woods subdivision; and on the east side of Rio Grande Boulevard, to the north by Chamisal Road; to the east by the Pueblo Lateral; and to the south by Green Valley Road, and for the South Rio Grande Area B Illustration § 9.3.7(E)(3)(a), roughly bounded on the west side of Rio Grande Blvd., to the south by Montano Road; to the west by the Village of Los Ranchos de Albuquerque municipal boundary [at the Atrisco Feeder Canal]; to the north by the southern boundaries of Tinnin Farms, and Rob Lee Meadows subdivisions, and on the east side of Rio Grande Blvd. to the north by the Gallegos Lateral; to the east by the Griegos Drain; and to the south by Montano Road, a setback of two hundred eighty (280) feet from the centerline of Rio Grande Boulevard is established. (See Map A & B).

(c) If the straight line connecting the fronts of the nearest dwelling on each side facing the same street falls in front of or crosses the eighty (80) foot minimum setback, then the setback shall be eighty feet from the middle of Rio Grande Blvd.

(e) Existing development is non-conforming and exempt from the setback, however redevelopment is not exempt, nor can new structures be added in the setback area of non-conforming lots.

(g) When necessary to allow development in a conventional residential configuration, the rear setback may be reduced to fifteen (15) feet, side setbacks may be reduced to ten (10) feet, without requiring the Variance process with Planning Director approval on a case by case basis.

(5) For very narrow tripa, unusually small, and/or unusual shaped lots, one side yard setback may be reduced to less than ten (10) feet providing building height meets the conditions of this Section.

(F) FLOOR AREA RATIO for residential buildings for all A-2 zoned properties in the Village with Floor Area, Total as defined in § 9.2.3(B), Definitions.

(1) The floor area ratio of all single family residential units shall be determined by the allowable floor area listed in the adopted 20% All Village FAR TABLE for the net lot area as defined in § 9.2.3(B), Floor Area Ratio (FAR).

(G) HEIGHT LIMITATIONS.

(1) Height of residential buildings shall be limited to twenty-six (26) feet from existing grade (the existing surface of the ground, to the top of the pitch, top of the parapet or top of the mansard roof line.

(2) Single Story Buildings shall not exceed seventeen (17) feet in height. The first floor building height shall be measured at seventeen (17) feet from the existing grade.

(b) Detached garages, including those for recreational vehicles, shall not be more than seventeen (17) feet in height.

(3) Two Story Buildings shall not exceed twenty-six (26) feet in height measured from the existing grade, to the top of the pitch, top of the parapet or top of the mansard roof line.

(4) Height Of Facades.

(a) No single façade wall length shall be greater than fifteen percent (15%) of the calculated perimeter of façade walls of the first floor and exceed seventeen (17) feet in height. Any portion of a façade wall exceeding the fifteen percent (15%) perimeter length shall be limited to seventeen (17) feet in height or shall be stepped back by four (4) feet or equal to a 45° plane drawn from a perpendicular point on the adjacent property line. (See Illustration § 9.2.7(G)(a)).

(5) Other Structures.

(a) Chimneys shall not exceed twenty-nine (29) feet in height.

(b) Flag Poles shall not exceed forty (40) feet in height.

(c) Non-commercial radio towers regulated by the Federal Communications Commission shall not exceed forty (40) feet in height.

(d) Windmills (both wind generators and water) shall not exceed forty (40) feet in height.

(H) FENCES AND WALLS.

(1) No open fence located in the setback areas shall exceed six (6) feet in height.

(2) No solid wall or fence located within the rear or side setback area shall exceed six (6) feet in height.

(3) No solid wall or fence located within the front setback area shall be more than four (4) feet in height along the public right-of-way. Open fencing may be placed upon the four foot solid wall to a maximum height of six (6) feet.

(4) No solid wall or fence shall be located within the clear sight triangle of a driveway and a public or private right-of-way.

(5) No solid wall or fence located within the side or rear setback area and along a public or private right-of-way shall be more than six (6) feet in height.

(6) No solid wall or fence shall be constructed unless a building permit has been approved by the Village.

(7) Concertina (razor wire) wire is prohibited.

(8) Gate entrance pillars may reach a maximum height of eight feet and must observe the clear sight triangle distance from the street and shall not exceed more than two (2) feet width on either side of the gate itself.

(I) SOLAR ACCESS. Building Height Limitations to Preserve Solar Access: For any new construction submitted after May 19, 2008 the height of any building shall not exceed a 31° angle plane drawn upward from a horizontal line located two (2) feet above the existing grade, ten (10) feet within the northern property line (See illustration § 9.2.7(G)(4)(A).

(J) SUBDIVISION. No land containing existing structures shall be subdivided into an area less than the allowable lot size for the Floor Area Ratio of the existing structures on the land.

(K) EXISTING BUILDING. If an existing structure(s) is to be demolished, the demolition must take place within one (1) year of the final approval of the subdivision.

(L) PERMEABLE SURFACES.

(1) Permeable surfaces shall be a minimum of sixty percent (60%) of lot area.

(M) DARK SKIES REGULATIONS. As set forth in § 9.2.20.

§ 9.2.9 A-3 AGRICULTURAL/RESIDENTIAL ZONE (1 residential unit/three acres)

(A) PURPOSE AND INTENT. The purpose of this Section is to preserve the rural/agricultural character of the area with particular emphasis on the protection of groundwater resources and open areas while allowing very low density residential development permitted in this zone at one (1) dwelling unit per three (3) acres in conformance with the Village Master Plan. This zone encompasses only the area of the Los Poblanos Estates Subdivision as shown on the plat thereof filed in Volume D3, Folio 134 of the Records of the Bernalillo County Clerk. (See map adopted with Ord. #129).

(B) PERMISSIVE USES. A building or premise shall be used only for the following purposes:

(1) Any Permissive Use as allowed and regulated in § 9.2.7 A-1 Zone.

(C) CONDITIONAL USES. The following uses shall be allowed when approval has been obtained as set forth in § 9.2.25, Application and Approval Process:

(1) Any Conditional Use as allowed and regulated in § 9.2.7 A-1 Zone.

(D) ACCESSORY USES. Uses customary and incidental to primary use of the lot, in conformance with the zone.

(E) AREA REGULATIONS.

(1) The minimum lot area shall be three (3) acres (130,680 square feet) and minimum lot width shall be one hundred fifty (150) feet.

(2) Setbacks. Setback limits apply to all buildings and/or structures including swimming pools.

(a) Except as provided elsewhere in § 9.2.9(E) of this Article, the minimum front setback shall be twenty-five (25) feet, the minimum side setback shall be fifteen (15) feet, and the minimum rear setback shall be twenty-five (25) feet. For any property bounded by an irrigation ditch or drain, the minimum setback along the ditch or drain shall be twenty-five (25) feet.

(3) PRESERVATION OF OPEN SPACE AND VISTAS.

(a) For all properties which border on Rio Grande Boulevard, as described in South Rio Grande Area A Illustration § 9.2.7(E)(3)(a), roughly bounded on the west side of Rio Grande Blvd., to the south by the north boundaries of Tinnin Farms, and Rob Lee Meadows subdivisions; to the west by the Village of Los Ranchos de Albuquerque municipal boundary [at the Atrisco Feeder Canal]; and to the north by the southern boundary of the Guadalupe Woods subdivision; and on the east side of Rio Grande Boulevard, to the north by Chamisal Road; to the east by the Pueblo Lateral; and to the south by Green Valley Road, and for the South Rio Grande Area B Illustration § 9.3.7(E)(3)(a), roughly bounded on the west side of Rio Grande Blvd., to the south by Montano Road; to the west by the Village of Los Ranchos de Albuquerque municipal boundary [at the Atrisco Feeder Canal]; to the north by the southern boundaries of Tinnin Farms, and Rob Lee Meadows subdivisions, and on the east side of Rio Grande Blvd. to the north by the Gallegos Lateral; to the east by the Griegos Drain; and to the south by Montano Road, a setback of two hundred eighty (280) feet from the centerline of Rio Grande Boulevard is established. (See Map A & B).

(b) Existing development is non-conforming and exempt from the setback, however redevelopment is not exempt, nor can new structures be added in the setback area of non-conforming lots.

(c) To preserve development rights, all properties affected by this setback shall be allowed to developed to the maximum overall density (FAR) that would have otherwise been allowed on the property, however, all development must take place behind the setback.

(d) Where necessary to allow development in a conventional residential configuration, the rear setback may be reduced to fifteen (15) feet, side setbacks may be reduced to ten (10) feet, without requiring the Variance process with Planning Director approval on a case by case basis.

(5) For very narrow tripa, unusually small, and/or unusual shaped lots one side yard setback may be reduced to less than ten (10) feet providing building height meets the conditions of this Section.

(F) FLOOR AREA RATIO for residential buildings for all A-3 zoned properties in the Village with Floor Area, Total as defined in § 9.2.3(B), Definitions.

(1) The floor area ratio of all single family residential units shall be determined by the allowable floor area listed in the adopted 20% All Village FAR TABLE for the lot area as defined in § 9.2.3(B), Floor Area Ratio (FAR).

(G) HEIGHT LIMITATIONS.

(1) Height of residential buildings shall be limited to twenty-six (26) feet from existing grade (the existing surface of the ground), to the top of the pitch, top of the parapet or top of the mansard roof line.

(2) Single Story Buildings shall not exceed seventeen (17) feet in height. The first floor building height shall be measured at seventeen (17) feet from the existing grade.

(a) If the single story height exceeds seventeen (17) feet, that portion of the building shall be considered a second floor, and shall be counted as square footage for Floor Area Ratio purposes. Second floors shall be regulated by the second floor percentages and limitations of § 9.2.9(G)(3)(a).

(b) Detached garages, including those for recreational vehicles, shall not be more than seventeen (17) feet in height.

(3) Two Story Buildings shall not exceed twenty-six (26) feet in height measured from the existing grade, to the top of the pitch, top of the parapet or top of the mansard roof line.

(4) Height Of Facades.

(a) No single façade wall length shall be greater than fifteen percent (15%) of the calculated perimeter of façade walls of the first floor, and exceed seventeen (17) feet in height. Any portion of a façade wall exceeding the fifteen percent (15%) perimeter length shall be limited to seventeen (17) feet in height or shall be stepped back by four (4) feet or equal to a 45° plane drawn from a perpendicular point on the adjacent property line. (See Illustration § 9.2.7(G)(3)).

(5) Other Structures.

(a) Chimneys shall not exceed twenty-nine (29) feet in height.

(b) Flag Poles shall not exceed forty (40) feet in height.

(c) Non-commercial radio towers regulated by the Federal Communications Commission shall not exceed forty (40) feet in height.

(d) Windmills (both wind generating and water) shall not exceed forth (40) feet in height.

(H) FENCES AND WALLS.

(1) No open fence located in the setback areas shall exceed six (6) feet in height.

(2) No solid wall or fence located within the rear or side setback area shall exceed six (6) feet in height.

(3) No solid wall or fence located within the front setback area shall be more than four (4) feet in height. Open fencing may be placed upon the four (4) foot solid wall to a maximum of six (6) feet.

(4) No solid wall or fence shall be located within the clear sight triangle of a driveway and a public or private right-of-way.

(5) No solid wall or fence located within the side or rear setback area and along a public or private right-of-way shall be more than six (6) feet in height.

(6) No solid wall or fence shall be constructed unless a building permit has been approved by the Village.

(7) Concertina (razor wire) wire is prohibited.

(I) SOLAR ACCESS. Building Height Limitations to Preserve Solar Access: For any new construction submitted after May 19, 2008, the height of any building shall not exceed a 31° angle plane drawn upward from a horizontal line located two feet above the existing grade, ten feet within the northern property line (See illustration § 9.2.7(G)(4)(a)).

(J) SUBDIVISION.

(1) No land containing existing structures shall be subdivided into an area less than the allowable lot size for the Floor Area Ratio of the existing structures on the land.

(K) EXISTING STRUCTURES.

(1) If an existing structure(s) is to be demolished, the demolition must take place within one (1) year of the final approval of the subdivision.

(L) PERMEABLE SURFACES.

(1) Permeable surfaces shall be a minimum of sixty percent (60%) of lot area.

(M) DARK SKIES REGULATIONS. As set forth in § 9.2.20.

§ 9.2.10 R-2 RESIDENTIAL ZONE (one residential unit/one half (.5) acre)

(A) PURPOSE AND INTENT. The purpose of this Section is to allow residential development permitted in this zone at one dwelling units per one half (.5) acre in conformance with the Village Master Plan, except as noted below in § 9.2.10 (E)(1). This zone includes large and small lot mixed residential and commercial development, and historic clusters of homes as well as the traditional tripas and ditch irrigation.

(B) PERMISSIVE USES. A building or premise shall be used only for the following purposes:

(1) Any permissive use as allowed and regulated in § 9.2.7 A-1 Zone.

(C) CONDITIONAL USES. The following uses shall be allowed when approval has been obtained as set forth in § 9.2.25, Application and Approval Process:

(1) Any conditional use as allowed and regulated in § 9.2.7 A-1 Zone.

(D) ACCESSORY USES. Uses customary and incidental to primary use of the lot, that are in conformance with the zone.

(E) AREA REGULATIONS.

(1) The minimum lot area shall be three-fourths (¾) of an acre (32,670 square feet), except where community water and sewer facilities are available, the lot area shall be reduced to half (½) of an acre (21,780 square feet). Minimum lot width shall be sixty (60) feet.

(2) Setbacks. Setback limits apply to all buildings and/or structures, including swimming pools.

(a) The minimum front setback shall be twenty (20) feet; the minimum side setback shall be ten (10) feet; and the minimum rear setback shall be fifteen (15) feet. For any property bounded by an irrigation ditch or drain, the minimum setback along the ditch or drain shall be twenty-five (25) feet.

1. Where lots have double frontage, the required front setback shall be provided on both sides.

(b) For very narrow tripa, unusually small, and/or unusual shaped lots one side yard setback may be reduced to less than ten (10) feet providing building height meets the conditions of this Section.

(F) FLOOR AREA RATIO for residential buildings for all R-2 zoned properties in the Village with Floor Area, Total as defined in § 9.2.3(B), Definitions.

(G) HEIGHT LIMITATIONS.

(2) Single Story Buildings shall not exceed seventeen (17) feet in height. The first floor building height shall be measured at seventeen (17) feet from the existing grade.

(b) Detached garages, including those for recreational vehicles, shall not be more than seventeen (17) feet in height.

(3) Two Story Buildings shall not exceed twenty-six (26) feet in height measured from the existing grade, to the top of the pitch, top of the parapet or top of the mansard roof line.

(4) Height Of Facades.

(5) Other Structures.

(a) Chimneys shall not exceed twenty-nine (29) feet in height.

(b) Flag Poles shall not exceed forty (40) feet in height.

(c) Non-commercial radio towers regulated by the Federal Communications Commission shall not exceed forty (40) feet in height.

(d) Windmills (both wind generators and water) shall not exceed forty (40) feet in height.

(H) FENCES AND WALLS.

(1) No open fence located in the setback areas shall exceed six (6) feet in height.

(2) No solid wall or fence located within the rear or side setback area shall exceed six (6) feet in height.

(3) No solid wall or fence located within the front yard setback area shall be more than four (4) feet in height. Open fencing may be placed upon the four (4) foot solid wall to a maximum height of six (6) feet.

(4) No solid wall or fence shall be located within the clear sight triangle of a driveway and a public or private right-of-way.

(5) No solid wall or fence located within the side or rear setback area, and along a public or private right-of-way shall be more than six (6) feet in height.

(6) No solid wall or fence shall be constructed unless a building permit has been approved by the Village.

(7) Concertina (razor wire) wire is prohibited.

(I) SUBDIVISION. No land containing existing structures shall be subdivided into an area less than the allowable lot size for the Floor Area Ratio of the existing structures on the land.

(K) EXISTING STRUCTURE. If an existing structure(s) is to be demolished, the demolition must take place within one (1) year of the final approval of the subdivision.

(L) PERMEABLE SURFACES.

(1) Permeable surfaces shall be a minimum of sixty percent (60%) of lot area.

(M) DARK SKIES REGULATIONS. As set forth in § 9.2.20.

§ 9.2.11 R-3 RESIDENTIAL ZONE (one residential unit/ one third (.33) acre)

(A) PURPOSE AND INTENT. The purpose of this Section is to allow residential development permitted in this zone one dwelling units per one third (.33) acre in conformance with the Village Master Plan, except as noted below in § 9.2.11 (E)(1). This zone includes mixed residential and commercial development, some agricultural use, and historic segments of the original “US Route 66” and El Camino Real.

(B) PERMISSIVE USES. A building or premise shall be used only for the following purposes:

(1) Any permissive use as allowed and regulated in § 9.2.7 A-1 Zone.

(C) CONDITIONAL USES. The following uses shall be allowed when approval has been obtained as set forth in § 9.2.25, Application and Approval Process:

(1) Any conditional use as allowed and regulated in § 9.2.7 A-1 Zone.

(D) ACCESSORY USES. Uses customary and incidental to primary use of the lot, that is in conformance with the zone.

(E) AREA REGULATIONS.

(1) The minimum lot area shall be three-quarters (¾) of an acre (32,670 square feet), except where community water and sewer facilities are available, the lot area may be reduced to one third (1/3) of an acre (14,520 square feet). Minimum lot width shall be sixty (60) feet.

(2) Setbacks. Setback limits apply to all buildings and/or structures including swimming pools.

1. Where lots have double frontage, the required front setback shall be provided on both sides. For very narrow tripa, unusually small, and/or unusual shaped lots, one side yard setback may be reduced to less than ten (10) feet providing building height meets the conditions of this Section.

(F) FLOOR AREA RATIO for residential buildings for all R-3 zoned properties in the Village with Floor Area, Total as defined in § 9.2.3(B), Definitions.

(2) FLOOR AREA RATIO APPLICATION IN SUBDIVISIONS WITH SUBSTANDARD LOT AREA. In consideration of those previously approved subdivisions that were approved with SU-1 Zoning or Special Use Permit and less than one/third acre (.333) lot size (those being Nico Trail, Rincones de Los Ranchos and Los Prados de Guadalupe), the Planning Director shall consider applications for building permits limiting the size of the dwelling to that which is reasonably consistent with other houses in the development, considering such factors as total lot coverage and average square footage of previously developed lots without applying the floor area ratio. All other code requirements such as height, step-back, setbacks, etc. must be met.

(G) HEIGHT LIMITATIONS.

(2) Single Story Buildings shall not exceed seventeen (17) feet in height. The first floor building height shall be measured at seventeen (17) feet from the existing grade.

(b) Detached garages, including those for recreational vehicles, shall not be more than seventeen (17) feet in height.

(3) Two Story Buildings shall not exceed twenty-six (26) feet in height measured from the existing grade, to the top of the pitch, top of the parapet or top of the mansard roof line.

(4) Height Of Facades.

(5) Other Structures.

(a) Chimneys shall not exceed twenty-nine (29) feet in height.

(b) Flag Poles shall not exceed forty (40) feet in height.

(c) Non-commercial radio towers regulated by the Federal Communications Commission shall not exceed forty (40) feet in height.

(d) Windmills (both wind generators and water) shall not exceed forty (40) feet in height.

(H) FENCES AND WALLS.

(1) No open fence located in the setback areas shall exceed six (6) feet in height.

(2) No solid wall or fence located within the rear or side setback area shall exceed six (6) feet in height.

(4) No solid wall or fence shall be located within the clear sight triangle of a driveway and a public or private right-of-way.

(5) No solid wall or fence located within the side or rear setback area and along a public or private right-of-way shall be more than six (6) feet in height.

(6) No solid wall or fence shall be constructed unless a building permit has been approved by the Village.

(7) Concertina (razor wire) wire is prohibited.

(I) SOLAR ACCESS. Building Height Limitations to Preserve Solar Access: For any new construction submitted after May 19, 2008, the height of any building shall not exceed a 31° angle plane drawn upward from a horizontal line located two (2) feet above the existing grade, ten (10) feet within the northern property line. (See illustration § 9.2.7(G)(4)(a)).

(J) SUBDIVISION. No land containing existing structures shall be subdivided into an area less than the allowable lot size for the Floor Area Ratio of the existing structures on the land.

(K) EXISTING BUILDING. If an existing structure(s) is to be demolished, the demolition must take place within one (1) year of the final approval of the subdivision.

(L) PERMEABLE SURFACES.

(1) Permeable surfaces shall be a minimum of sixty percent (60%) of lot area.

(M) DARK SKIES REGULATIONS. As set forth in § 9.2.20.

§ 9.2.12 C-1 RETAIL COMMERCIAL ZONE

(A) PURPOSE AND INTENT. The purpose of the C-1 Retail Commercial Zone is to allow commercial, residential, and mixed use development in conformance with Section 8.2 of the 2020 the Master as may be amended from time to time. The goal is to retain a village character through:

(1) Diversified residential land uses.

(2) Density and intensity of Village scale commercial development appropriate to Village needs, primarily focused on Fourth Street.

Commercial activities include office, service, institutional, specific retail uses as well as light manufacturing uses along Fourth Street as identified and limited below. This zone includes the Fourth Street corridor developed as commercial, agricultural, residential, mixed-use, and mixed parcels of diverse uses. The termini of Fourth Street at the Village municipal limits serve as Gateways to the Village, and denote segments of the original “US Route 66” and El Camino Real.

(B) USES. Properties within the C-1 Commercial Retail Zone are required to conform to the Use Table below. Uses designated as “Permissive” may be denied if the proposed use is deemed by the Village to be a nuisance or injurious to adjacent property, the neighborhood, or the Village of Los Ranchos.

Use Table
Key:
Permissive Uses	P
Conditional Uses	C
Prohibited Uses	X
All uses must comply with ordinances and regulations for permits and development as required by the Village Codified Ordinances.

Agricultural	P
Cannabis (as qualified below)	P
Facilities shall not be located within three-hundred (300) feet of a school or daycare in existence at time of state application. Facilities shall not be located within three-hundred (300) feet of one another, based upon distance at time permit is sought.
Neither cannabis nor hemp shall be grown in landscaping.
Cultivation, provided that it not exceed ten percent (10%) of the lot size. Structures shall be equipped with an activated carbon HVAC filtration system sized to effectively abate odor emissions and shall be fully enclosed and not open-air. Greenhouses used to grow cannabis shall be limited to one thousand (1,000) square feet in enclosed area.	P
Retailer excepting that sale between 8:00 pm to 9:00 am is prohibited.	P
Cannabis consumption area.	X
Product manufacturing, provided that structures shall be equipped with an activated carbon HVAC filtration system sized to effectively abate odor emissions and shall be fully enclosed and not open-air.	C
Residential (as qualified below)	P
Multi-Family (including Assisted living, etc.) with a maximum density of sixteen (16) dwelling units per acre.	C
Adult or child daycare facilities	P
Mixed-Use (where not less than fifty percent (50%) ground floor area is retail). The maximum number of dwelling units per acre is sixteen (16).	P
Mixed-Use (where not less than 50% around floor area is commercial, including non-retail uses). The maximum number of dwelling units per acre is sixteen (16).	C
Garage sales, estate sales, with a limit of 2 weekends each calendar year for each address. For Mixed-Use, Multi-Family and townhouse or condominium projects, all units in the project will be considered as one address for purposes of this section.	P
Single-family, detached, townhouse, or condominium. The maximum number of dwelling units per acre is sixteen (16).	P
Single-family detached, townhouse, or condominium on more than one (1) acre of land and when over sixteen (16) dwelling units are proposed. The maximum number of dwelling units per acre is sixteen (16).	C

Institutional (as qualified below)	P
Government buildings and accessory uses customarily incidental to that use	P
Place of worship	C
Schools, public or private, education facilities, or learning centers	C
Theaters	C

Food, beverage, and alcohol service (as qualified below)	P
Alcohol sales between 12:00 am and 2:00 am	C
Alcohol sales between 2:00 am and 8:00 am	X

Lodging	P

Services (as qualified below)	P
Dry cleaning, laundry, clothes pressing operations, laundromats	P
Ferrier services	P
Large animal boarding facilities	C
Mortuary	C
Rental centers	C

Office	P

Retail (as qualified below)	P
Adult bookstore or video store	X
Adult entertainment establishments	X
Fireworks stores, both temporary and permanent	X
Large format retail exceeding 50,000 square feet in a single level	X

Light manufacturing such as of materials, food, or beverage	P

Auto-oriented Uses
Auto sales	C
Auto parts and supplies, including service stations	P
Farm equipment, sales and service	P
Commercial car washes	P
Construction yards and commercial storage facilities	C
Establishments with drive-up facilities	C
Self-storage units	C
Trailer or recreational vehicle sales or service	C

Civic Support
Parking lots and parking structures	C
Public utility structures such as transformers, switching, pumping, or similar technical installations essential to the operation of a public utility	C

Conditional Uses as referenced herein must be approved in accordance with Section 9.2.25(E) of the Village Codified Ordinances.

(C) ACCESSORY USES. Uses that are customary and incidental to the primary use of the lot and in conformance with the zone.

(D) AREA REGULATIONS.

(1) Commercial buildings. All commercial buildings and/or structures with the exception of signs must comply with the following setback requirements.

(a) Except as provided in § 9.2.12(E)(2)(b), minimum setbacks when the lot does not abut a residentially zoned property shall be:

Front	Five (5) feet minimum
Side	Zero (0) feet minimum
Rear	Zero (0) feet minimum

(b) Where a C-1 lot abuts a residentially zoned lot, the minimum setback, on the side abutting the residentially zoned property, shall be:

Front	Five (5) feet minimum
Side	Ten (10) feet minimum
Rear	Fifteen (15) feet minimum

(c) Where lots have frontage on two public streets, the required minimum front setback shall apply to both sides of the lot abutting public streets.

(2) Setback limits for residential buildings.

(a) For any residential or mixed use building other than single family detached dwellings, the minimum setback (including swimming pools) is:

Front	Five (5) feet minimum
Side	Zero (0) feet minimum
Rear	Fifteen (15) feet minimum

(b) For any single family detached residential the minimum setback is:

Front	Fifteen (15) feet minimum
Side	Ten (10) feet minimum
Rear	Fifteen (15) feet minimum

(c) For any property adjoining an MRGCD maintained irrigation ditch or drain, the minimum setback along the ditch or drain shall be twenty-five (25) feet from the nearest bank/edge of the ditch, or the property line, whichever is greater.

(3) FLOOR AREA RATIO (FAR) In the C-1 Commercial Residential Zone the FAR shall only apply to single family detached residential properties.

(E) HEIGHT LIMITATIONS.

(1) Building height in the C-1 Zone shall be limited to twenty-six (26) feet from the predevelopment grade to the top of the pitch, top of the parapet or top of the mansard roof line.

(a) Second floor areas in single family detached buildings, including all covered patios, porches, portals, balconies and other open and accessible living areas, shall be limited to a total of sixty percent (60%) of the first-floor enclosed square footage, as defined by § 9.2.3(B), Enclosed Area. For all other development in the C-1 Zone, covered patios, porches, portals, balconies and other open and accessible areas may exceed sixty percent (60%) of enclosed area but must not extend beyond the footprint of the first-floor. Where a non-single family detached building abuts Fourth Street, balconies may extend up to five (5) feet beyond the first-floor footprint, even if within the setback, if it is supported from the structure and not the ground.

(2) Height of Facades.

(a) No single façade wall length shall be greater than fifteen percent (15%) of the total perimeter of the façade walls of the first floor and exceed seventeen (17) feet in height. Any portion of a façade wall exceeding the fifteen percent (15%) perimeter length shall be limited to seventeen (17) feet in height or shall be stepped back by four (4) feet or equal to a 45° plane drawn from a perpendicular point measured at the property line. (See Illustration §9.2.7(G)(3))

(3) Other Structures.

(a) Chimneys must not exceed twenty-nine (29) feet in height.

(b) Flag Poles must not exceed forty (40) feet in height.

(c) Non-commercial radio towers regulated by the Federal Communications Commission must not exceed forty (40) feet in height.

(d) Windmills (both wind generators and water) are limited to forty (40) feet in height.

(F) FENCES AND WALLS.

(1) No open fences located in the setback areas shall exceed six (6) feet in height.

(2) No solid wall or solid fence located within the rear or side setback area shall exceed six (6) feet in height.

(3) No solid wall or solid fence located within the front yard setback area more than four (4) feet in height will be permitted. Open fencing may be placed on top of the solid wall to permit a combined maximum height of six (6) feet.

(4) No solid wall or solid fence shall be located within the clear sight triangle of a driveway or public or private road or driveway and a public or private right-of-way.

(5) No solid wall or solid fence located within the side or rear setback area and along a public or private right-of-way shall be more than six (6) feet in height, with the exception for residential use (§ 9.2.12(G)(6)).

(6) No solid wall or fence of any kind shall be constructed unless a zone review permit has been approved by the Village.

(7) Concertina (razor wire) wire is prohibited.

(G) EXISTING STRUCTURE. If in a Site Development Plan approval an existing structure(s) is to be demolished, the demolition must be completed within one (1) year of the final approval of the Site Development Plan.

(H) DESIGN REGULATIONS.

(1) The design of the commercial and residential developments within the C-1 Zone (footnote 4), will be determined in the Site Development Plan application and approval process.

(2) Windowless walls shall not be permitted facing a public street. Facades that face Fourth Street must have transparent glazing for a minimum of 30% of the area of the façade.

(3) Lots that face Fourth Street must have buildings along a minimum of fifty (50) percent of the property line/setback line adjacent to Fourth Street.

(4) The primary entry of all buildings shall open onto a sidewalk readily accessible to the public. Secondary entries maybe accessible from private parking lots.

(I) OFF STREET PARKING REGULATIONS.

(1) Parking is permitted at the side and rear of a building. Parking cannot be located between the front of the building and the public sidewalk. If parking is located on the side of a building adjacent to a public roadway, it shall be screened from the roadway by an opaque wall or evergreen hedge that shall be a minimum of thirty (30) inches and a maximum of forty (40) inches in height.

(2) The minimum requirements for off-street parking spaces for property shall be as follows:

Use	Required off street parking spaces
Amusement facility	Four (4) spaces per one thousand (1,000) square feet of gross floor area
Residential	One (1) space per residence
Dining, bar, nightclub	Five (5) spaces per one thousand (1,000) square feet of gross floor area
Retail, office	Two (2) spaces per one thousand (1,000) square feet of gross floor area
Assembly	Four (4) spaces per one thousand (1,000) square feet of gross floor area
Lodging	One (1) space per room
Light manufacturing	One (1) space per one thousand (1,000) square feet of gross floor area
Institutional	Three (3) spaces per one thousand (1,000) square feet of gross floor area

(J) LANDSCAPING REGULATIONS. As set forth in § 9.2.19.

(K) DARK SKIES REGULATIONS. As set forth in § 9.2.20.

(L) SIGNS. As set forth in § 9.2.22.

(M) OUTDOOR STORAGE REGULATIONS. If outdoor storage is allowed in conjunction with a permitted use in this Section:

(1) Stored materials shall be fenced and screened.

(2) Stored materials shall be safely contained.

(3) Stored materials and inoperable vehicles shall be appropriately buffered from public view.

(N) OUTDOOR DISPLAY OF MERCHANDISE. If outside display of merchandise is permitted in conjunction with a permitted use in this Section. Publicly owned sidewalks of roadways may not be used for outdoor display of merchandise.

(1) The total area allowed for outdoor display of merchandise. Is limited to five (5) percent of the total gross square footage of the lot upon which the display is located.

(2) Displayed merchandise shall be safely stored and shall not utilize required parking spaces or impede pedestrian use of interior walkways.

(3) The displays shall be temporary and be erected during business hours only.

(4) Displays shall be located not less than twenty (20) feet from any residentially zoned property.

(O) TRANSIT REGULATIONS. If there is an existing bus stop located directly adjacent to a property, granting of an easement for a new sheltered bus stop will be a development requirement, as approved by the Commission/Board.

(P) APPLICATION AND APPROVAL PROCESS. As set forth in § 9.2.25.

§ 9.2.13 GD – GATEWAY DISTRICT ZONE

(A) SHORT TITLE. This Section may be cited as the Gateway District Zone Code

(B) PURPOSES. The purpose of the Gateway District Zone, referred to as “GD,” is to encourage the development of a transit-supportive mixed-use neighborhood of commercial and residential uses that fosters pedestrian activity and a sense of community. It recognizes the importance of linkages to the broader community and the importance of public transit as a viable alternative to the automobile by providing appropriate densities and land uses within walking distance of bus terminals, bike and pedestrian formal trails and the Rail Runner Los Ranchos/Journal Center Station. It is the intent of this Section that the Gateway District Zone should focus on maintaining Village style, scale and character. The Gateway District Zone will permit both commercial and residential uses on the same lot or tract.

(1) GENERAL TERMS.

(a) The word “person” includes a firm, association, organization, partnership, trust, company, limited liability company and corporation, as well as an individual.

(b) The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.

(d) All references to “he” or “she” herein are deemed to be gender-neutral, unless specifically indicated otherwise.

(e) The definitions in this Section shall supersede any dictionary definition.

(2) DEFINITIONS.

CONDOMINIUM DECLARATION means a condominium declaration meeting the requirements of the New Mexico Condominium Act, NMSA 1978 § 47-7A-1, et seq., as amended and having been approved by the Village pursuant to the Subdivision Code.

GATEWAY DISTRICT means that specific area beginning on Fourth Street at the southeast corner of Villa Christina Road to El Pueblo Road and continuing east parallel to El Pueblo Road to Second Street as shown on the accompanying Zone Map for the Gateway District.

KIOSK means a permanent freestanding structure or mobile cart located within a pedestrian circulation area, but not in a pedestrian way, and used for the purpose of sale of food, flowers, newspapers or other goods, with a Village issued license.

LOW IMPACT DEVELOPMENT means an approach to land development (or re-development) that treats stormwater as a valuable resource and not a waste product and works with nature to manage stormwater as close to its source as possible, in accordance with standards adopted by the Village. Low Impact Development practices and principles include on-site water retention, water harvesting and recycling, swales, berms, artificial streams and infiltration systems.

MULTI-RESIDENTIAL UNIT means residential units which have a common wall(s) such as condominiums or townhouses. Multi-Residential Units do not include multifamily or apartment developments designed as rental properties.

MULTI-USE BUILDING means a building specifically designed for residential and commercial use such as live/work where part of the building is commercial space and part is residential. Residential and commercial use may be independent of each other.

PEDESTRIAL WAY means a designated area specifically designed for pedestrian traffic and designated as a “Pedestrian Way” on the Site Development Plan approved by the Village.

(D) ESTABLISHMENT OF GATEWAY DISTRICT ZONE.

(1) Each lot, parcel or tract of land in the Gateway District is hereby zoned Gateway District Zone.

(2) The boundaries of the Gateway District are shown on the attached map and are incorporated into this Section. The Village Zone map is hereby amended to include the Gateway District and the Gateway District Zone.

(3) In the event the properties east of Fourth Street shown within the area designated future Gateway District on the attached map are annexed into the Village, such properties shall become a part of the Gateway District and shall be zoned Gateway District Zone.

(E) PERMISSIVE USES.

(1) COMMERCIAL USES AND MIXED RESIDENTIAL AND COMMERCIAL USES. The following uses shall be permissive uses in commercial and in mixed residential and commercial developments; mixed residential and commercial developments shall be permitted on a single parcel or on separate parcels:

(a) All uses permitted in § 9.2.7 A-1 Zone except as may be specifically modified or prohibited herein.

(b) All uses permitted in § 9.2.12 C-1 Zone except as expressly modified or prohibited herein.

(c) Kiosks. Kiosks may freely move, but shall not block the Pedestrian Way, bicycle or vehicular travel path. Kiosks may not exceed 28 square feet in total size. Kiosks must be permitted in accordance with the procedures adopted by the Village and NMED if selling food. Signage shall be limited to identification of products or services sold by the Kiosk.

(d) All residential uses as permitted in subsection § 9.2.13(E)(3) hereof.

(2) CONDITIONAL USES. The following uses may be allowed when approved as set forth in § 9.2.25(D)(3); § 9.2.25(E)(2):

(a) Animal keeping in excess of that allowed by permissive use.

(b) Animal boarding kennels, provided animal smells and noises are mitigated.

(d) Bars, lounges, or restaurants serving liquor, provided hours of operation and associated impacts such as noise are mitigated.

(e) Bed and Breakfast establishments, without limitation on number of units, which meet § 9.2.25(E)(1) Application and Approval Process.

(f) Contractor yards with approved hours of operation, dust control, storage, buffering from adjoining neighbors and noise mitigation.

(g) Dry cleaning, laundry, clothes pressing operation and laundromat, provided:

1. Only non-flammable or non-combustible materials are used in the cleaning process;

2. That portion of the structure in which any cleaning process is done is at least fifty (50) feet from any residential use.

(h) Group home, with proper approvals and/or licenses as required by the State of New Mexico.

(i) Indoor amusement enterprise such as auditorium, billiards or pool hall, bowling alley, dance hall, theater or indoor shooting range.

(j) Mobile home, only if used as an office or dwelling during the construction of a dwelling on the same project, provided such use may be limited to a maximum period of one (1) year. A bond in the amount of $1,000.00 or the then current cost of removal must be posted to ensure compliance with the conditions of the use. The one (1) year period shall commence on the earlier of the date that conditional use approval is granted or the date the mobile home is first located on the premises after approval. Recreational Vehicles (RVs) and campers are not allowed as a dwelling unit. Mobile homes may not be used as a permanent dwelling unit except in existing approved mobile home parks.

(k) Public utility structures such as a transformer, switching, pumping, or similar technical installation essential to the operation of a public utility.

(l) Service and gasoline stations, including the retail sale of petroleum products, tube and tire repair, but not including automobile repair services.

(m) Schools, public and private, educational facilities, or learning centers, provided hours of operation are in compliance with all applicable Federal, State and Village laws, Code, Ordinances and Regulations.

(n) Wineries, breweries and distilleries, including on-site consumption and sale of products, in accordance with State and Village regulations.

(o) Wireless telecommunication (“cellular tower”) facilities, when disguised as some other structure such as a flagpole, tree, light fixture or is incorporated into a building and meets all requirements of § 9.6.1 et seq.

(3) RESIDENTIAL USES. The following uses shall be Permissive Uses in residential developments which are not commercial or mixed residential/commercial developments:

(a) All uses permitted in § 9.2.7 A-1 Zone except as may be specifically limited or modified herein.

(b) Single-family Residential dwelling units (site-built or modular) with a maximum of one dwelling unit per one twelfth (.0833) acre.

(d) Garage sales, estate sales, home distribution parties, trunk shows or other similar activities, provided the activity is conducted on single family dwellings or residential condominium property, does not run for more than three (3) consecutive days and is conducted a maximum of four (4) times a year. In the case of a garage sale or estate sale, one (1) sign no larger than six (6) square feet in area may be placed on the premises four (4) hours prior to and for the duration of the sale.

(e) Public parks and accessory uses customarily incidental to that use.

(f) Outdoor sale of food and agricultural products must adhere to the NMED, Bernalillo County and Village environmental or other regulations.

(4) CONDITIONAL USES. The following uses shall be allowed when approval has been obtained as set forth in § 9.2.25(D)(2), § 9.2.25(E)(2) Application and Approval Process, of the Zoning Code:

(a) Childcare facilities provided the facility abides by Village and State regulations, and traffic, noise and hours of operation are mitigated.

(b) Public utility structures such as a transformer, switching, pumping, or similar technical installation essential to the operation of a public utility.

(d) Mobile home used as a dwelling during the construction of a dwelling on the same premises, provided such use may be limited to a maximum period of one (1) year; or as approved by the Planning and Zoning Commission; a one thousand dollar ($1,000.00) bond must be posted to ensure compliance with the conditions of the use. The one-year period shall commence on the date that conditional use approval is granted or the date the use actually began, if earlier, or as approved by the Planning and Zoning Commission.

(e) Guest house.

1. The guest house is limited to 1,000 square feet of heated floor area with facilities for cooking, (not necessarily a full kitchen, microwave, coffee pot, etc.), sleeping and sanitation

2. Guest houses may not have a garage.

3. Occupants shall not be charged rent unless an explicit conditional use allowing rental has been approved by the Commission or rent is for only short-term rental as all or part of a permitted Bed and Breakfast Establishment.

4. Guest houses shall not have a separate address.

5. Floor Area Ratio applies.

(f) Government buildings and accessory uses customarily incidental to that use. Government buildings and surroundings shall be constructed in southwestern or compatible architectural style as determined by the Planning Director.

(g) Outdoor recreational facilities accessory to public or private schools.

(h) Public or private schools, educational facilities or learning centers.

(5) PROHIBITED USES IN THE GATEWAY DISTRICT ZONE:

(a) Adult entertainment establishments.

(b) Apartment buildings or other dwelling units designed primarily as rental units.

(d) Commercial car washes.

(e) Drive through facilities for any business establishment.

(f) Hazardous material manufacturing, storage or handling activities.

(g) Hotels, motels or extended stay units.

(h) Manufactured or mobile homes (except as described under § 9.2.13(E)(2)(j).

(i) Mortuaries.

(j) Commercial outdoor storage facilities.

(k) Parking or storage of more than one motorized Recreational Vehicle (RV) per lot of record. Recreational Vehicles do not include small All Terrain Vehicles (ATV).

(l) Self storage units.

(m) Storage or sale of well drilling equipment.

(n) Tractor/Trailer sales and service.

(6) ANCILLARY USES. Uses that are customary and incidental to the primary use of the lot and in conformance with the zone. Ancillary Uses shall be permitted only as shown in the approved Site Development Plan.

(F) SITE DEVELOPMENT PLANS.

(1) APPLICATION AND APPROVAL. A Site Development Plan shall be required for (i) all new development; (ii) redevelopment of any lot(s) which shall include a change in use of the lot(s); (iii) for a structural alteration to 20% or more of an existing structure; and (iv) for the addition of square footage equal to 20% or more of existing square footage in any existing structure. Applications for a Site Development Plan or modification of an approved Site Development Plan shall be submitted in accordance with § 9.2.25(E)(4) Application and Approval Process requirements for approval of Site Development plans, and in addition shall include the following:

(a) A Preliminary/Sketch Plat Site Development Plan Application shall be submitted to the Village in accordance with Village adopted procedures. The Application shall set out the commercial and residential building areas, egress, parking, setbacks and other schematic plans for the proposed development.

(b) The Preliminary Site Development Plan Application shall include the viability of the development and the justification of the size and location of the main elements of the proposed development.

(c) After the Sketch Plat Review (no vote taken) by the Planning and Zoning Commission, a Preliminary Site Development Plan Application shall be submitted providing required detail. The Preliminary Site Development Plan shall receive a recommendation from the Planning and Zoning Commission to the Board of Trustees.

(d) The Preliminary Site Development Plan shall include, but shall not be limited to, specifics to that particular development which shall include:

1. Lot area coverage of structures – including Floor Area Ratio (if required) and number of dwelling units per acre.

2. Height and number of stories per structure.

3. Setbacks.

4. Street layout and design.

5. Pedestrian Ways and Bike Paths.

6. Stormwater Management Plan, which includes grading, and drainage plan (Low Impact Development is recommended).

7. A plan for noise, light and sound mitigation for the surrounding neighborhood(s).

8. A list of all facilities/amenities maintenance responsibilities and to whom they are assigned.

9. Architectural style and color.

10. All other requirements of the Village Codified Ordinances relating to Site Development Plans.

(e) The Final Site Development Plan shall be submitted for final action by the Board of Trustees of the Village.

(f) All Site Development Plan approvals will require the developer of commercial projects or mixed residential/commercial buildings to comply with commercial construction standards.

(G) AREA REGULATIONS.

(1) Residential density shall be a maximum density of one dwelling unit per one twelfth (.0833) acre.

(2) Lot size shall be governed by the terms set out in the Site Development Plan approved by the Board of Trustees, but for a residential lot shall not be less than .12 acre (3,630 square feet).

(a) The Floor Area Ratio (FAR) requirements of the Village Wide FAR per the Zoning Code shall be met in single family residential developments calculated on the basis of the net lot area excluding right-of-ways and common areas, Bike Paths and Pedestrian Ways, (if included in the development).

(b) Commercial and mixed commercial/residential developments will be exempt from the Floor Area Ratio requirements of the Zoning Code.

(3) Minimum setback limits for lots or parcels abutting property which is zoned residential and not within the Gateway District, shall be as follows:

(a) The front setback for all buildings shall be as approved in the Site Development Plan.

1. For single family residential houses, staggered front setbacks shall be implemented to avoid the “row house” look.

2. The side yard setback shall be ten (10) feet.

3. The rear yard setback shall be fifteen (15) feet.

4. Minimum setback limits for properties abutting an M.R.G.C.D. irrigation ditch or drain shall be twenty-five (25) feet from the property line abutting the M.R.G.C.D. facility.

5. The maximum height of buildings or structures is twenty-six (26) feet measuring the vertical distance from the existing grade after grading and drainage plan implementation to the top of the parapet on a flat roof or the apex of a pitched roof.

(4) All condominiums, residential or commercial, to be sold to individual owners must have a Village approved Condominium Declaration prepared in accordance with § 47-7A-1, et seq., NMSA 1978 and a condominium plat.

(5) All commercial buildings or mixed residential/commercial buildings must meet commercial building codes for the proposed usage.

(6) All buildings within the Gateway District Zone shall be built using conventional on-site or modular construction.

(H) PEDESTRIAN WAY. Pedestrian Ways and Bicycle Paths designated to enable the free movement of pedestrians or bicyclists with a specific development are encouraged in developments with the Gateway District Zone. Development design may include, where possible, the following elements:

(1) A Pedestrian Walkway, consisting of a stable permeable surface – pavers, permeable asphalt or concrete.

(2) A Bike Path consisting of a stable permeable surface – pavers, permeable asphalt or concrete, which shall be separate from the Pedestrian Way, shall be provided from public streets or other Bike Paths to a bicycle parking area within the project, from which the Pedestrian Walkway is accessed.

(3) A safety buffer separating the walkway and Bike Path from the street to promote pedestrian and bicycle safety.

(4) Pedestrian Ways and Bike Paths shall tie into other public Pedestrian Ways or Bike Paths wherever connection is possible.

(5) No walls or fences are allowed within a Pedestrian Way or Bike Path. Low planters no more than two feet, six inches (2.5 feet) in height are allowable in either side of the Pedestrian Walkway area or Bike Path.

(6) Vehicular driveways shall be perpendicular to Pedestrian Ways and clearly marked by color, pavers or texture and shall not block the continuous walkway surface.

(I) DESIGN CRITERIA.

(1) All new buildings are required to have a street facing entrance. The intent is to make major entrances to buildings obvious and welcoming using architectural details, lighting and signage.

(2) Massing articulation is required on all buildings.

(a) Massing articulation methods may include:

1. distinctive roof forms;

2. changes in materials;

3. window patterns;

4. different colors.

(3) Modulation shall extend to the roof, except at balconies. The purpose is, to the extent reasonably possible, avoid creating a rigid, rectangular building, but to break up the mass in creative ways.

(4) Flat, blank walls shall be prohibited for distances of more than a fifteen (15) foot length.

(5) All mechanical equipment located on the roof shall be concealed by architectural screening or treatment designed into the roof form. Merely painting rooftop mechanical equipment or surrounding it with fencing will not meet the requirements of this Section.

(6) Construction shall be appropriate for the architectural style. Materials such as aluminum siding, metal wall panels, mirrored glass and unstuccoed masonry units (except brick) or concrete are not allowed.

(J) ENVIRONMENTAL AND STORMWATER MANAGEMENT.

(1) All development, new or remodel, shall meet required Federal, State and local EPA National Pollutant Discharge Elimination System (NPDES) requirements and the Air Quality program administered by the City of Albuquerque. All sites shall provide for noise abatement.

(a) Low Impact Development practices and principals for on-site water retention, water harvesting and recycling, swales, berms, artificial streams and infiltration systems are recommended.

(K) LIGHTING.

(1) All lighting within the Gateway District Zone shall conform to § 9.2.20, Dark Skies.

(L) NON-CONFORMING USES.

(1) Developed properties within the Gateway District which are existing on November 19, 2012 are an approved non-conforming use, if the use was in compliance with existing zoning. This Section shall not be interpreted to approve any use, development or construction that was not in compliance with existing zoning and development standards as of November 19, 2012. All future development on the nonconforming parcels shall be governed by the requirements of the Gateway District.

(M) SUBDIVISION.

(1) No land containing existing structures shall be subdivided into an area less than the allowable lot size for the Floor Area Ratio of the existing structures on the land.

(N) TRANSIT REGULATIONS. If there is an existing bus stop located directly adjacent to a property, granting of an easement for a new sheltered bus stop will be a development requirement, as approved by the Commission/Board.

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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